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Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......4.1988. Thereafter, he completed 9 (nine) months training in Netherland and also obtained post graduate diploma on port and shipping Management. He has a clean service record. 3. The further case is that the writ respondent No.4 joined as a Commercial Officer in 1980 and the writ responden...... as Probation Officer in 1979. He was confirmed as Assistant Manager in 1980 and was promoted as Assistant General Manager on 02.04.1988. Thereafter, he completed 9 (nine) months training in Netherland and also obtained post graduate diploma on port and shipping Management. He has a clean servic..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... Md. Ruhul Amin J M.M. Ruhul Amin J Md.Tafazzul IslamJ Md. Akbor Hossain and others…………………….Petitioners (In both the cases) Vs Md. Safiruddin and others………………&he......95 of 1981. 2. Ulfa Mai the predecessor of the petitioner Nos. 1-5 brought the above Other Suit No. 495 of 1981 against the defendant respondents praying for declaration of title in the suit land, measuring 6.59 acre, stating, inter alia, the land, measuring an area of 8.82 acres apper..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ...... compass and the whole issue is centered on the question as to whether there was validly conducted proceeding under the Vagrancy Act. In this connection he referred to the order sheet of case Nos. 7709 of 1999 and 7710 of 1999 and submits that complying with the requirements of th......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......zipur in house rent appeal No.1 of 1998 dismissing the same and thereby affirming the judgment and decree dated April 30, 1998 of the court of additional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2. The suit was filed seeking ejectment of the monthly ten......t to meet her alleged requirement. Hence the suit is liable to be dismissed. 5. The trial court decreed the suit on the findings that the relationship between the plaintiff and the defendant is of land lord and tenant, that the defendant without obtaining permission of the landlord has made const..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......nable in view of the provision of Section 3(2) of the Ordinance. The question as to whether a proceeding is maintainable when the legal entity and capable of being sued, as in the instant case the cadet College, has not been made a party in the proceeding. In the case of Mohammed ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and legal process obviously to ignore the order of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction unde......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... and the accused Boston. In fact informant's deceased husband had to tell her that he might be murdered as a result of business dispute and he also said this to Md. Jalal Uddin. Hence the case being Mirpur P.S. Case No. 76 (8) 2001 was initiated. 3. The respondent Md.Barkat @ Bos...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......is instance the younger brother of informant died the High Court Division has fallen in an error of law in enlarging the respondent on bail by the impugned judgment and order dated 4.11.2002 in the case of murder under section 302 of the Penal code and as such the impugned judgment and order is r......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ...... the appellant having not filed his application for rectification of any mistake or error which is apparent on record, and having merely prayed for cancellation of the three earlier orders no case was made out under section 196B of the Act and therefore there was no reason to hold that the ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ...... (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Jamuna Knitting and Dyeing Limited and another.........Petitioners (In both the cases) vs Messers Yunusco K. Textile Ltd. and others...............Respondents (In bo......nder Mahamadan law against the respondent Messers Yunusco K. Textile Lid. The Pre-emption was allowed and the trial court directed the opposite party pre-emptee) to hand over possession of the case land the pre-emptor and thus being aggrieved the opposite party preferred first Appeal No. 234..Category: Property Law | Date: | Hits: 41
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......29-8-1995 was started, 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under sections 302/201 of the Penal Code and on receipt of the case record, the trial Court framed charge under the aforesaid sections of the Penal Code but the s......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......it holding the plaintiffs are therefore co-sharer in the suit holding with the defendants. Hence the amendment for partition of the suit land is permissible in law as an alternative prayer in case the dispossession of the plaintiffs by the defendants, is not proved. The learned Advocate for......he ground that the amendment in question would not help settle the real "controversy in issue whether the plaintiff was in possession and then, was dispossessed from the schedule Kha land". 3. Against this backdrop, the plaintiffs, who are appellants before us, filed ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ...... Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. Not represented—The Respondents (In all the cases) Civil Appeal Nos. 227-229 of 2000. (From the judgment and order dated 24-2-......d others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of ..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......tive remedy exists a party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure. In this connection, the High Court Division relied on the case of Shahidur Rahman Majumder (Md) Shahidullah Majumder and others vs. Sahirunnessa and others ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......thority dismissed the respondent from service. 3. The respondent filed Administrative Tribunal Case No. 132 of 1986 against the order of dismissal and the Government-appellant contested the case. The Administrative Tribunal dismissed the case. The respondent preferred an appeal and the Ad......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......Estate which cannot be interfered with by granting lease to respondent No. 4 for collection of sand from the appellant tea estate, that if mineral resources are found inside the tea estate in that case the respondents may control any part of the estate but not otherwise and said provision was in......le of the said deed where admittedly there is no Balumohal within the Tea Estate in question which has been leased out to the appellant and in that view of the matter leasing out of the appellant's land by the government treating same as Balumahal was illegal. It has also been submitted that the..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......dalat and, as such, the impugned judgment and order is liable to be set aside by this Court. Furthermore, the learned Judges of the High Court Division failed to appreciate the decision in the case of Sultana Jute Mills Ltd. others vs. Agrani Bank reported in 1994 BLD (AD) 196 wherein it is......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......t of arrest against the petitioner and subsequently the petitioner was granted bail. It is further stated that the charge under Section 420 of the Penal Code was framed against the petitioner and the case is pending for trial and in the meantime 4 (four) witnesses have been examined. 3. Challengi......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..Category: Criminal Law | Date: | Hits: 92
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